New South Wales Repealed Regulations

This legislation has been repealed.

SECURITY INDUSTRY REGULATION 2007 - REG 18

18 Offences and civil penalties that disqualify applicants

(1) Prescribed offences: section 16 (1) (a) and (b) For the purposes of section 16 (1) (a) and (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales:

(a) An offence relating to the possession or use of a firearm, or any other weapon, committed under:

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),

and being an offence that would (had the offence been committed under the law of an Australian jurisdiction) disqualify the person concerned from holding a licence under the Firearms Act 1996 .

(b) An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008 , in respect of which the maximum penalty imposed is any term of imprisonment, or a penalty of $500 or more, or both, being an offence committed under:

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(c) An offence under the law of any Australian or overseas jurisdiction involving assault of any description, being:

(i) an offence in respect of which the penalty imposed is imprisonment, or a fine of $200 or more, or both, or

(ii) in any cases where the applicant concerned has been found guilty but not been convicted--an offence that, in the opinion of the Commissioner, is a serious assault offence.

(d) An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is (had the offence been committed under the law of an Australian jurisdiction) imprisonment for 3 months or more.

(e) An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

(f) In the case of an application for a master licence or for the renewal of a master licence only, an offence under the Industrial Relations Act 1996 or under any similar law of any other Australian jurisdiction or the Fair Work Act 2009 of the Commonwealth, but only if a total of at least 5 such offences have been committed by the applicant during any period of 2 years.

(g) An offence under section 93B of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.

(h) An offence under section 93C of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.

(i) An offence under the law of any Australian or overseas jurisdiction involving stalking or intimidation.

(j) An offence under section 32A of the Occupational Health and Safety Act 2000 or any similar offence under the law of another jurisdiction.

(k) An offence relating to terrorism, being:

(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or

(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(l) An offence under section 93IK or 351A of the Crimes Act 1900 .

(2) Prescribed civil penalties: section 16 (1) (c) For the purposes of section 16 (1) (c) of the Act, each relevant civil penalty is prescribed, but only in the case of an application for a master licence or for the renewal of a master licence and only if a total of at least 5 such penalties have been imposed on the applicant during any period of 2 years.

(3) In this clause:

"relevant civil penalty" means each of the following:

(a) a civil penalty imposed under section 357 of the Industrial Relations Act 1996 ,

(b) a pecuniary penalty imposed under section 224 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 22, 29, 31, 33, 34, 36 or 50 of that Law,

(c) a pecuniary penalty imposed under section 546 of the Fair Work Act 2009 that relates to a contravention of that Act.